HomeMy WebLinkAbout970846WHEN RECORDED MAIL TO:
Western AgCredit, PCA
P.O. Box 95850
South Jordan, UT 84095 -0850
Customer Number: 0007000925
SEVERANCE AGREEMENT
RECEIVED 5/6/2013 at 4:25 PM
RECEIVING 970846
BOOK: 811 PAGE: 1
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Space Above This Line For Recorder's Use
WHEREAS, the undersigned has an interest either as owner, mortgage holder, trust deed holder or seller under a conditional contract
of purchase and sale in the following described real property, hereinafter called "the Real Property
That certain property in the County of Lincoln, State of Wyoming described as:
FOR DESCRIPTION OF REAL PROPERTY SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
and, WHEREAS, FLYING N HAY EQUIPMENT, LLC, a Utah Limited Liability Company and HEATH JOHNSON and
CONNIE G. JOHNSON hereinafter called the "Borrower has, or will execute, a Security Agreement as security for indebtedness to
Western AgCredit, PCA, hereinafter referred to as "Lender in which the Lender is the Secured Party and the Borrower is the
Debtor covering personal property, hereinafter referred to as the "Personal Property which is or will be located upon the
Real Property and is described as follows:
THE EQUIPMENT DESCRIBED BELOW, INCLUDING ALL PARTS, ATTACHMENTS, SUBSTITUTIONS,
ACCESSIONS AND REPLACEMENTS THEREOF:
2013 LINDSAY ZIMMATIC 6 TOWER CENTER PIVOT IRRIGATION SYSTEM, MODEL 9500, SN: LC4612
2013 LINDSAY ZIMMATIC 5 TOWER CENTER PIVOT IRRIGATION SYSTEM, MODEL 9500, SN: LC4613
2013 LINDSAY ZIMMATIC 4 TOWER CENTER PIVOT IRRIGATION SYSTEM, MODEL 9500, SN: LC4614
2013 LINDSAY ZIMMATIC 4 TOWER CENTER PIVOT IRRIGATION SYSTEM, MODEL 9500, SN: LC4615
2013 LINDSAY ZIMMATIC 4 TOWER CENTER PIVOT IRRIGATION SYSTEM, MODEL 9500, SN: LC4616
TOGETHER WITH ALL RELATED PUMPS, MOTORS, SYSTEMS, CONTROLS AND COMPONENTS.
2. The undersigned has not and will not claim any interest in the Personal Property.
WAC 1244 Severance i gieement (11/03)
00QO I. Y
and,WHEREAS, Lender, as condition to entering into the foregoing transaction, requires that the undersigned consent to the removal
by Lender of the Personal Property from the Real Property, no matter how it is affixed thereto.
NOW THEREFORE, for a good and sufficient consideration, receipt of which is hereby acknowledged, the undersigned agrees with
Lender as follows:
1. The Personal Property shall be considered and is intended to be personal property and shall not be considered as a fixture or as
a part of the Real Property regardless of whether or by what means it is or may become attached or affixed to the Real Property.
Lender may, at any time at its option, enter upon the Real Property and remove the Personal Property at its sole cost and
expense, and Lender agrees to make such repairs caused by any such removal to the extent reasonably necessary to restore such
property to its condition immediately prior to such removal. However, and without prejudice to other remedies it may have, if
Lender's entry and removal of the Personal Property is necessitated by the undersigned's breach of the covenants contained
herein, Lender shall not be liable either for cost of or damages to the Real Property sustained by the undersigned as a result of
the removal of the Personal Property.
4. This agreement shall be binding upon the heirs, successors and assigns of the undersigned.
Dated: April 10, 2013
Signature(s):
L N JOHNSON PROPERTIES, L.L.C., a Utah Limited
Liability Company
JOHNSO A Member
Notary Acknowledgment:
STATE OF U `Fa__
ss.
COUNTY OF f<i
On this day of Y 20 1 3 before me, the undersigned Notary Public in and for said County and State,
personally appeared LARRY JOHNSON [(personally known to me] proved to me on the basis of satisfactory evidence] to
be the person(s) who executed the within instrument as MEMBER, or on behalf of the limited liability company therein named, and
acknowledged to me that the limited liability company executed the within instrument pursuant to its articles of organization and
operating agreement.
WAC 1244 Severance Agreement (11/03)
I 0',1''7#1;;! RUTH T. SMITH.
Yt v..1 NOTARY PUBLIC STATE of.UTAH f
lit i r COMMISSION NO 604771
COMM. EXP. 02.09 -2015'
WITNESS my hand and official seal
o ary Publ in and for and State
00002
H I T
Part of GLO Tract Nos. 38, 39, 41 and 42, T22N, R120W, and part of GLO Tract No. 37, T21N,
R120W, also within Sections 26, 27, 34 and 35, T22N, R120W, and within Section 3, T21N,
R120W, described as follows:
BEGINNING at a point on Line 2 -3 of said Tract No. 37 identical with the most easterly point
of the Big Sprinkler Parcel of record in said Office in said Book 753 on said pages 543,
N89 °59'31 "E, 278.90 feet, of Comer No. 3 of said Tract No. 37;
thence coursing the northeasterly and northerly boundary of said Big Sprinkler Parcel as follows:
N30 °48'00 "W, 1322.69 feet, to a point;
N58 °19'59 "W, 926.45 feet, to a point;
S88°22'48 "W, 948.87 feet, to a point;
S59 °58'24 "W, 842.00 feet, to the northeast point of that parcel of record in said Office in
Book 447 of Photostatic Records on page 138, and leave said Big Sprinkler Tract;
thence N73 °38'56 "W, 1132.46 feet, along the northeast line of said Parcel in Book 447 to a point
on Line 5 -6 of said Tract 38;
thence N00 °33'26 "E, 163.62 feet, along said Line 5 -6 to a point;
thence N89 °21' 18 "E, 2037.49 feet, to a point on the fence line running northeasterly and
southwesterly;
thence coursing said fence line as follows:
N15 11'26 "E, 3688.30 feet, to a point;
N60 °00'43 "W, 156.68 feet, across the Bear River to a point;
N28 °05'33 "E, 2370.92 feet, to a point on a fence line running northwesterly and
southeasterly that is accepted as the property line between the Cornia arid Johnson
properties, and leave said fence line;
thence. S72 °08'43 "E, 2818.70 feet, along said property line fence to a point;
thence continuing S72 08'43 "E, 18 feet, more or less, to the west bank of the Bear River;
thence southerly, 1655 feet, more or less, along said west bank to an intersection with the
northwesterly prolongation of a fence line running S69 °44'14 "E and accepted as the property
line between the Johnson and Willis properties on the east side of said River;
thence continuing southerly, 120 feet, more or less, along said west bank to an intersection with a
line parallel with the above described fence line running S69 °44'14 "E and offset southerly
therefrom a distance of 86.61 feet;
thence S69 °44'14 "E, 150 feet, more or less, along said parallel line to a point on a fence line
running southeasterly and southwesterly;
thence coursing said fence line as follows:
S16 °16'18 "E, 192.39 feet, to apoint;
527 "W, 307.89 feet, to a point;
uOOO.3
538°24'54 "W, 502.53 feet, to a point;
S27 °59'27 "W, 741.16 feet, to apoint;
S41 °42'03 "W, 921.53 feet, to a point;
S25 °38'57 "W, 2933.48 feet, to a point on said Line 2 -3 of Tract No. 37, and leave said
fence line;
thence S89 °59'31 "W, 73.52 feet, along said Line 2 -3 to the POINT OF BEGINNING;
ENCOMPASSING an area of 491.94 acres, more or less;
that the called -for monuments and not the referenced fences determine the actual boundary lines
of the above described tract;
each "corner" found as described in a Corner Record on file in the Office of the Clerk of Lincoln
County;
each "point" marked by a 5/8" x 24" steel reinforcing rod with an aluminum cap inscribed;
"SURVEYOR SCHERBEL LTD BIG PINEY WYO PLS3889 or PLS164" and other appropriate
details, set this survey.
each intersection being a calculated position with no monument found or set;
all in accordance with the map prepared to be filed in the Office of the Clerk of Lincoln County
titled: "MAP OF SURVEY FOR JOHNSON RANCH OF LAND WITHIN TRACTS 37, 38, 39,
41, 42 AND SECTIONS 26, 27, 28, 33, 34, 35 T22N RI2OW TRACT 37 AND SECTIONS 2, 3,
4, 9, 10, 15 T21N R120W LINCOLN COUNTY, WYOMING" dated 13 July 2012, as revised.
Part of GLO Tract No. 37 within Sections 3 and 4, all of GLO Lots 9 and 10 and part of GLO
Lot 11 and part of the NW1/4 of Section 10, all in T21N, R120W, described as follows:
BEGINNING at the northeast corner of said NW1/4 of Section 10;
thence S00 °05'11 "E, 2596.45 feet, along the east line of said NW1/4 to a point;
thence N54 °08' 17 "W, 2572.89 feet, to a point on the easterly boundary of the Double Sprinkler
Parcel of record in the Office of the Clerk of Lincoln County in Book 753 of Photostatic Records
on pages 543 545;
thence coursing said easterly boundary as follows:
N21 °46'39 "E, 845.84 feet, to a point;
N07 °18'40 "E, 1013.37 feet, to apoint;
N07 °56'05 "W, 1879.19 feet, to a point;
N36 °02' 12 "W, 1060.72 feet, to a point;
N62 °58'44 "W, 341.81 feet, to the south point of that tract of record in said Office in
Book 447 of Photostatic Records on page 138, and leave said boundary;
thence N38 °08'02 "E, 1292.36 feet, along a southeast line of said tract in Book 447 to a point on
the westerly boundary of the Big Sprinkler Parcel of record in said Office in said Book 753 on
said pages 543 -545;
`.00004
thence coursing the southwesterly, southerly and southeasterly boundary of said Big Sprinlder
Tract as follows:
S14°11'56"E, 751.99 feet, to a point;
S37 03'33 "E, 695.04 feet, to a point;
S60 48'31 "E, 581.15 feet, to apoint;
S78 35'26 "E, 546.86 feet, to a point;
N81 °00'25 "E, 1315.46 feet, to a point at a fence comer and leave said boundary;
thence S26 30'29 "W, 381.59 feet, along a fence line to a point;
thence S25 °40'28 "W, 864.29 feet, along said fence line to a point on Line 4 -5 of said
Tract No. 37;
thence N89°53 '19"W, 382.75 feet, along said Line 4 -5 to the northeast point of said Lot 9;
thence S00 °17'00 "E, 2002.83 feet, along the east lines of said Lot 9 and said Lot 10 to the
CORNER OF BEGINNING;
ENCOMPASSJNG an area of 247,91 acres, more or less;
each "comer" found as described in a Corner Record on file in the Office of the Clerk of Lincoln
County;
each "point" marked by a 5/8" x 24" steel reinforcing rod with an aluminum cap inscribed:
"SURVEYOR SCHERBEL LTD BIG PINEY WYO PLS3889 or PLS164" and other appropriate
details, found or set this survey.
all in accordance with the map prepared to be filed in the Office of the Clerk of Lincoln County
titled: "MAP OF SURVEY FOR JOHNSON RANCH OF LAND WITHIN TRACTS 37, 38, 39,
41, 42 AND SECTIONS 26, 27, 28, 33, 34, 35 T22N R120W TRACT 37 AND SECTIONS 2, 3,
4, 9, 10, 15 T21N R120W LINCOLN COUNTY, WYOMING" dated 13 July 2012, as revised.